• Civil Procedure Code, 1908 (V of 1908) Order 32, Rule 1 - Application - Seeking permission to withdraw the suit with liberty to file a fresh suit was dismissed - Suit of the plaintiff was likely to fail because of formal defects in the format of the suit - It was open for the Court to allow the amendment so as to convert the same into specific performance - Only because of negligence on the part of the counsel, earlier, suit for specific performance was not filed and for that purpose application was filed under order 23 Rule 1 CPC but the same was dismissed, whereas the same was to be accepted as there was a formal defect in the format of the suit and it was likely to fail - Needless to mention that limitation period for filing suit for specific performance was still in existence at the time of filing of application.   (182) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order 32, Rule 1 - Suit on behalf of minor through cousin of his father - Dispute is between plaintiff and mother - Mother has contacted second marriage - Next friend also has no adverse interest against the minor-plaintiff - So he was allowed to pursue the suit on behalf of the minor - Any person, who is of sound mind and has attained majority may act as next friend of minor, provided the interest of that person is not adverse to that of minor.  (183) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order 32, Rule 15, Order 43, Rule 1-A - Once an application filed under Order 32 Rule 15 had been dismissed and had attained finality, the second application by invoking the same very provision was not maintainable, therefore challenge to said order by taking the aid of provision of Order 43 Rule 1-A would be immaterial. (180) P.L.R.
  • Civil Procedure Code, 1908 (V of 1908) Order 32, Rule 4, Order 41, Rule 21 - Power under Rule 4 Order 37 is not confined to setting aside the ex parte  decree, it extends to staying or setting aside the execution and giving leave to appear to the summons and to defend the suit - Very purpose of Order 37 is to ensure an expeditious hearing and disposal of the suit - Rule 4 empowers the Court to grant leave to the defendant to appear to summons and defend the suit if the Court considers it reasonable to do so, on such terms as the Court thinks so - It was further observed that provisions under Rule 4 Order 37 is different from Rule 13 Order 9 CPC.   (182) P.L.R.